County To Take 2nd Look At 'Strict' Tree Ordinance

November 8, 1985|By Rick Tonyan of The Sentinel Staff

DELAND — Less than three months after they approved a tree protection ordinance, Volusia County Council members say they may amend the law to loosen restrictions on developers who want to clear woodlands.

Council members and county administrators on Thursday agreed that the law may be too strict. Under the ordinance, developers must identify all trees on the site of a proposed project, show which trees would be preserved and get permits to cut down those that must be destroyed. Replacements for destroyed trees also are to be planted elsewhere on the site.

Several council members say it is nearly impossible for a developer to build on a wooded lot under the ordinance. Council member Big John described the law as more of a building moratorium than a tree preservation measure.

There are exceptions to the restrictions and the county forester is able to negotiate with developers on how to landscape a project and preserve trees. Paul Belonger, acting forester, said the law should more clearly spell out what he can do during those negotiations.

''What is the true intent of the ordinance and how much latitude do I have?'' Belonger asked the council.

County Manger Tom Kelly promised the council that his staff will have proposed amendments to the ordinance drafted within a month.

Talk of amending the ordinance arose after council members reviewed tree preservation efforts on the site of a proposed shopping center at the intersection of Saxon Boulevard and Enterprise Road, between Orange City and Deltona.

Frederick Karl Jr., a Daytona Beach attorney for the center, asked the council to exempt the project from the ordinance since the law was approved on Aug. 15, three months after plans for the project were first submitted to the county.

During negotiations with county administrators, the plans were repeatedly redrawn to preserve trees. Now, the plans call for 300 trees, most of them replacements.

Council members said they believe the current plans are adequate and told Karl there would be no need to exempt the center from the ordinance.